{"disclaimer":"This is a summary of public court records and is not legal advice. Missouri slip opinions may be modified or withdrawn; consult the official source.","party":{"slug":"kitrell-braselman-in-his-official-capacity-as-the-director-of-public-works-city-of-black-jack-department-of-public-works-city-of-black-jack-and-city-of-black-jack","displayName":"Kitrell Braselman, In His Official Capacity as the Director of Public Works, City of Black Jack, Department of Public Works, City of Black Jack, and City of Black Jack","totalCases":1},"cases":[{"caseId":"moappd:ed108418:2021-02-09","opinionId":"8e70d902-ee62-58d1-a29a-f07cce7b48bc","slug":"the-fred-kemp-company-llc-respondent-v-kitrell-braselman-in-his-official-108418","caseName":"The Fred Kemp Company, LLC, Respondent, v. Kitrell Braselman, In His Official Capacity as the Director of Public Works, City of Black Jack, Department of Public Works, City of Black Jack, and City of Black Jack, Appellants.","caseNumber":"ED108418","court":"moappd","courtLabel":"Missouri Court of Appeals, Eastern District","decisionDate":"2021-02-09","year":2021,"display_summary":"The City of Black Jack appealed a circuit court judgment that reversed an administrative hearing officer's decision holding The Fred Kemp Company, LLC responsible for a public nuisance. The circuit court found Kemp was not the owner or person in control of the property. The appellate court affirmed the circuit court's judgment, holding that the City's ordinance exceeded its statutory authority by permitting it to hold a party responsible for a nuisance based on \"control\" rather than solely on ownership or occupancy.","primaryTopic":"administrative-law","topicSlugs":["administrative-law","governmental-immunity","property-real-estate","appellate-procedure"],"outcomeNorm":"affirmed","officialSourceUrl":"https://www.courts.mo.gov/file.jsp?id=173413","detailUrl":"https://ott.law/missouri-courts/opinions/the-fred-kemp-company-llc-respondent-v-kitrell-braselman-in-his-official-108418","relatedPracticeAreas":[{"slug":"real-estate","label":"Real Estate","href":"/practice-areas/real-estate","score":32,"source":"tag","evidence":["tag: real-estate","topic: property-real-estate"],"url":"https://ott.law/practice-areas/real-estate"},{"slug":"litigation","label":"Civil Litigation","href":"/practice-areas/litigation","score":12,"source":"topic","evidence":["topic: appellate-procedure"],"url":"https://ott.law/practice-areas/litigation"},{"slug":"corporate","label":"Corporate Law","href":"/practice-areas/corporate","score":4,"source":"text","evidence":["text: llc"],"url":"https://ott.law/practice-areas/corporate"}],"role":"appellant"}]}